Order on Board

09.01.2025

1) The petitioners have challenged the order passed by the learned Civil Judge, Class-II, Khairagarh, District Rajnandgaon (C.G.) dated 25.01.2024 whereby, the application moved by the petitioners/plaintiffs under Order 26 Rule 9 read with Section 151 of C.P.C has been rejected.

2) Mr. Tiwari, the learned counsel appearing for the petitioners would submit that a civil suit was filed by the plaintiffs for eviction of respondents No.4 to 9 from the land reserved for public service shown in Scheduled-A, perpetual injunction restraining respondents No. 4 to 9 from encroaching the aforesaid land and declaration that the order passed by the Tehsildar dated 04.05.2022, the order passed by the Sub-Divisional Officer (Revenue), Khairagarh in appeal dated 17.05.2022 and the order passed by the Commissioner dated 01.09.2022 are not binding upon the petitioners/plaintiffs. He would further submit that Survey Nos.421 and 422 situated at Village Sonesara are recorded and reserved in the revenue records for the road. Respondents No. 4 to 9 encroached over that land. He would contend that there was a boundary dispute between the parties, therefore, an application under Order